*!Help!* - Strange Situation With Parking Fine

aalausi

Hi, this is my first time posting a thread on any forum. Here goes.

I'm just wondering if someone can give me some advice as to what I should do. I'll explain what happened then why I don't know what to do.

In mid December 2008, I attended an event in Manchester and parked my car on Beaver Street. I assumed the road was a public road, and as there were no road markings or signs, went ahead and parked there. I also for a moment thought that it would be OK to park there seeing as though it was after 6:00pm.

When I returned to my car at about 12:30am the following morning, I had the misfortune of discovering my car had been towed away (something I'd never wish on anyone). After looking around, I found a 'Warning' sign placed well above head height that wasn't lit. It was a very long-winded sign which explained the charges.

I called the number on the sign and was told that I can't collect my car until 9:00am. I had nowhere to stay in Manchester so had to get a taxi back to Liverpool costing me £80. That night I didn't sleep much, and a friend of mine who was heading to Leeds the day I was due to collect my car, said she would drop me off in Manchester.

So I arrive in Manchester to get my car back. Called the number, and was told that I have to pay £250 cash to release my car, £100 for the clamping and £150 for the towing. I was instructed to meet him at a storage area at the back of Piccadily station. It seemed really quite dodgy but waited there anyway. I didn't withdraw the money straight away, I thought I could bring the price down first. I spoke to the guy who came and explained the poorly lit signs and the fact I was a student and would be under financial hardship as a result of paying the fine. He was really having none of it and said I wouldn't get my car unless I paid. So I reluctantly went to Piccadily Station and withdrew the £250 (which is conveniently the maximum amount you can withdraw from a cash machine).

So I paid the man and explained I was paying under protest, and got my car back. Fortunately there were no damages to my car and I drove back to Liverpool.

After reading the article on here I decided to appeal the charges. I sent a letter based on the template provided in the article. Included with the letter were pictures of the 'signs' and area that I parked the car as well as the receipt from the taxi driver. I sent the letter recorded delivery to the address given on the invoice from the guy from 'Checkmate Security', but the invoice had the company name of 'M/cr. Parking Services'.

I received a letter from Manchester City Council, stating that the matter is not related to Manchester City Council. It seems to me that whoever received my letter then hand delivered it to Manchester City Council, i.e. they ignored my letter.

So, what do I do now? I don't have a formal response from 'M/cr. Parking Services' or 'Checkmate Security'. Can I still go to a small claims court? Would appreciate any advice.

Also if anyone else has dealt with this dodgy outfit, please can you share your experience?

Thanks

Paranoid

Hi aalausi

Appealing to the clampers/towers is invariably useless.

You can take them to the small claims court. Application by form N1 available on the HMCS Site. The case law in England is that the fee should be "reasonable". Release should be prompt when you indicate you will pay. The place where you parked should be signed, so that the motorist must have seen the sign(s).

You should include in the claim the expense you were involved in due to the loss of use of your car. I hope you kept the original receipts. The person you dealt with was obliged to wear his Security Industry Licence. His name and number should be on the receipt he gave you.

You will have to pay a fee to issue the summons, which will automatically be added to your claim.

Good chance the company will not respond to the summons, in which case you can apply for a default judgement.

BUT be aware that getting a judgement is a far cry from getting your money back! The Court will take no further action on its own initiative and it will be up to you to take further action. Various routes are available.

I've been there!

Good luck

peter_the_piper

Include the owner of the land as joint claim, clamper may come and go but landowners do not.

Spartacus_Mills

aalausi wrote: »

Hi, this is my first time posting a thread on any forum. Here goes.

I'm just wondering if someone can give me some advice as to what I should do. I'll explain what happened then why I don't know what to do.

In mid December 2008, I attended an event in Manchester and parked my car on Beaver Street. I assumed the road was a public road, and as there were no road markings or signs, went ahead and parked there. I also for a moment thought that it would be OK to park there seeing as though it was after 6:00pm.

When I returned to my car at about 12:30am the following morning, I had the misfortune of discovering my car had been towed away (something I'd never wish on anyone). After looking around, I found a 'Warning' sign placed well above head height that wasn't lit. It was a very long-winded sign which explained the charges.

I called the number on the sign and was told that I can't collect my car until 9:00am. I had nowhere to stay in Manchester so had to get a taxi back to Liverpool costing me £80. That night I didn't sleep much, and a friend of mine who was heading to Leeds the day I was due to collect my car, said she would drop me off in Manchester.

So I arrive in Manchester to get my car back. Called the number, and was told that I have to pay £250 cash to release my car, £100 for the clamping and £150 for the towing. I was instructed to meet him at a storage area at the back of Piccadily station. It seemed really quite dodgy but waited there anyway. I didn't withdraw the money straight away, I thought I could bring the price down first. I spoke to the guy who came and explained the poorly lit signs and the fact I was a student and would be under financial hardship as a result of paying the fine. He was really having none of it and said I wouldn't get my car unless I paid. So I reluctantly went to Piccadily Station and withdrew the £250 (which is conveniently the maximum amount you can withdraw from a cash machine).

So I paid the man and explained I was paying under protest, and got my car back. Fortunately there were no damages to my car and I drove back to Liverpool.

After reading the article on here I decided to appeal the charges. I sent a letter based on the template provided in the article. Included with the letter were pictures of the 'signs' and area that I parked the car as well as the receipt from the taxi driver. I sent the letter recorded delivery to the address given on the invoice from the guy from 'Checkmate Security', but the invoice had the company name of 'M/cr. Parking Services'.

I received a letter from Manchester City Council, stating that the matter is not related to Manchester City Council. It seems to me that whoever received my letter then hand delivered it to Manchester City Council, i.e. they ignored my letter.

So, what do I do now? I don't have a formal response from 'M/cr. Parking Services' or 'Checkmate Security'. Can I still go to a small claims court? Would appreciate any advice.

Also if anyone else has dealt with this dodgy outfit, please can you share your experience?

Thanks

Can I suggest you go to www.pepipoo.com and post this in their forum as there are chaps there who have helped people prepare cases in similar circumstances. It can be a bit of a crap shoot so I would suggest you get as many pictures of the area as possible to help with your defence.